The Parliament on Wednesday voted unanimously to advance the Public Referendum Bill to the Committee on Independent Institutions, initiating formal legislative review of a measure that seeks to codify the nation's referendum procedures.
The draft bill, submitted to Parliament on Monday, stipulates that the Elections Commission of Maldives must organise a referendum within three months of receiving a resolution from either Parliament or the President. Of the 74 members present, 62 voted in favour, advancing the measure to the next stage of legislative review.
Introduced by Inguraidhoo MP and Parliamentary Majority Leader Ibrahim Falah, the legislation addresses longstanding procedural ambiguity surrounding the national referendum process. Although referendums are acknowledged in the Constitution, there exists no statutory framework outlining how such votes are to be authorised, conducted, or overseen.
To fill that legislative void, the bill defines a formal legal structure for convening referendums on constitutional amendments and issues of public concern. It assigns operational responsibility to the Elections Commission while delineating the procedural roles of both Parliament and the President in initiating referendum proceedings.
The scope of the bill encompasses proposed amendments to constitutional provisions relating to fundamental rights and freedoms, presidential and parliamentary term limits, clauses governing presidential elections and presidential assent, and articles establishing the nation's territorial boundaries. It also introduces a mechanism by which the public may express support for a constitutional amendment that the President declines to ratify, despite parliamentary approval.
Under the outlined procedure, Parliament may approve a referendum resolution by a simple majority of members present and voting. The resolution must be accompanied by a formal document stating the referendum question and presenting arguments both for and against the measure. If the initiative originates from the President, the rationale must be drafted in consultation with the Cabinet.
Once submitted, the Elections Commission is mandated to conduct the vote within a timeframe of 45 to 90 days. The register of eligible voters is to be announced no fewer than 14 days prior to polling. Campaign protocols would mirror those applicable to general elections, and expenses related to the referendum would be covered by the state's Consolidated Revenue Fund, as provided under the Public Accounts Act.
The bill also provides for the withdrawal of a referendum resolution, whether issued by Parliament or the President, so long as the Elections Commission has not publicly declared the polling date. In such cases, the original resolution must be formally rescinded through a second resolution.